If you were arrested for assault or battery after you were forced to act in self-defense, you may have a valid argument to present in court. You should always consult with an experienced criminal defense attorney to discuss the specific facts and circumstances of your case. Here’s what to know and who you can call for assistance.
What Is Self-Defense Under the Law?
To make a valid self-defense argument in court, it is important to understand the legal definition of self-defense, what qualifies as a legitimate threat, if your fear was reasonable, and if the force you used was proportional.
For example, if someone is coming at you with their fists raised, you may be considered justified in using pepper spray or running away. However, if they are simply yelling at you from across the room, using pepper spray would generally not be considered reasonable.
Understanding Imminent Threat
An imminent threat is considered a real and immediate danger that someone will physically harm you. This means that the threat cannot simply be verbal; there must be an immediate physical danger present.
For the threat to be considered legitimate, it must also be credible – meaning that there is a good reason to believe that the person has the ability and intention to carry out their threats.
For your self-defense argument to be successful in court, you must prove that your fear was reasonable given the circumstances. This means that someone else in a similar situation would have also felt threatened. Factors that can contribute to a fear being deemed unreasonable include if you provoked the other person or if you could have easily escaped the situation without resorting to violence.
Using Proportionate Force
The force used in self-defense must be proportional to the threat at hand. This means that you can only use as much force as is necessary to protect yourself from harm. You can’t use more force than necessary, or you risk being charged with assault. You also can’t use deadly force unless you reasonably believe that you’re in imminent danger of death or serious bodily harm. If you do, you risk being convicted of manslaughter or even murder.
If you have been charged with a crime and are considering using self-defense as your defense strategy, you must contact a criminal lawyer as soon as possible. Your future is at stake and you need someone on your side who can help guide you through each step of the legal process and ensure that your rights are protected every step of the way. Call Thomas Kokonowski, Esq. today for a consultation at 774-561-2689.
